PCIT v. International Metro Civil Contractors (2018) 408 ITR 136/254 Taxman 426/ 164 DTR 310 / 304 CTR 682 (Bom.)(HC)

S. 92C : Transfer pricing – Arms’ length price – There was no justification for enhancement of ALP by disallowing allocation of overhead office expenses.

Dismissing the appeal of the revenue the Court held that ; since TPO had not brought anything on record to indicate that debiting of overhead expenses were excessive on basis of comparables, i.e., no benchmarking of expenses and, details of overhead expenses were supported by Auditor’s Certificate of JV partners along with detailed working, there was no justification for enhancement of ALP by disallowing allocation of overhead office expenses .(AY. 2008-09)